The Sun. — London, England, 1809-07-04 00:00:00

47',1F.FOLMSIIII?E N-O,IIINATIOAr. JUNE 30, 1809 . ., The SHERIFF having - opene . 4 the business of the n e Hon. EDWARD MONCTON, of Somerford, said, that Lord Granville Leveson Gower having vacated hi; Seat for the County, by having accepted the office of Secretary at -War, he begged leave to offer him again as a fit objett of thvir choice. _ . . The Hon. WASHINGTON (nLtY seconded the nomination. CHARLUS WOLSELEY, De. of Wolseley Park, then rose anil . said—" I cannot help objecting ; as a Freeholder, to the nomination that has just been made :—I übjedt to the Noble Lord, as a Placeman add a Pensioner.--hid• he vote against the Duke of York Has he ever voted for the abolishing any of the public abuses ? What, has he ever donelfoi us ? (A voice from below said, " Nothing.") Where is Sir John Wrottesley ? Why is he not present ?t He formerly canvassed the votes of this County, and gave us a pledge that he would come forward and assert the independence of the County ; but per= haps he feels himself fettered by his connedtions I.vith, a certain Noble House.—Mr. Sheriff, I move he Thaiiks of this Meeting to our worthy Repre ientative Sir E. Littleton, for his upright and inde pendent. condnet on all occasions." • ' _ The Sheriff (THEO. LEVETT, Esq. of Wichnor Park) . then isige and said, that thanks to Sir E. Littleton, however he might merit them, being to- • tally unconriesled with the business of the day, he must objets to the . motion. THOMAS Esq. of Armitage Park, then * rose and said--" I had hoped that the business of this day would have passed without opposition; as this, however, has not been the case, I think it my duty to offer a few words. be Iron. Gentleman's principal - ohj - eetioti to the Noble Lord appears to be, that he is a Plademans - and fliAt he has lately ac tepted a distinguished situation under his Majesty's Government. - Now upon this verk ground I think the Noble Lord entitled to an - additional share of Sour confidence and esteem. He has a peculia - r claim upon our approbation, whet- we see him fore going all those temptations to indolence and inaCti s yity, atibrderl' by his splendid fortune .and exalted rank, and undertaking the tatigues of an office df great labour and responsibiiity. It is not the ,first time .he has devoted his very excellent abilities to the service of his country. It must be a great satis faaion to us all to think that the Noble Lord, from his habits of business, from his constant residence at the fonntain-head of political intelligence, front bis stria attention to his Parliamentary duties; and from the confidential situation he holds in the ads ministration of public affairs, is in an especial degree qualifir-d nts promote the interests of this great and opulent , County. I will not omit this opportunity" of saying, that I perCeive there is a system on foot whose object is tt., chive away every thing revecr able in talent and exalted in situation trutu the go vernment of public arlairs—an attempt to inappte to every man in a public capacity b.oie and dishonour able motives, to reduce all the eicer66es of talents and an honest ambition to the low and sordid Stan dard of prcuniaryconsitle:iition. . Some men seem to think that no one ean accept an office but at the expecce of his Virtue ; they appear to suppose that it is the nature of power to pollute all whom it touche6l and yet, by a strange inconsistency, these very men wish us to believe, that were they them selves once put into official situations, they would Pass the fiery ordeal, and come out pure gold. But I am not in the habit of so appreciating the needy • levellers and inexperienced reformers of the present day, as to believe that they wotild escape from this trial d their honesty, one iota more virtuous or more kicorrupt than those they so sedulously endeavour to degrade. 1 wish to refer the Hon. Gentleman to the records of his own family (certainly a very an cient and honourable one) ; I wish him to mark the footsteps of his ancestor, who '(to use the words of an eminent writer) commenced in speculative Republicanism, and ended in practical Toryism:— This distinguished ancestor, under the banners . of Oliver Cromwell, began with levelliog:all distiuc Lions in society, and was at last himself created one of the Lords under the Usurper. I wish the Gentleman to apply the capacity I believe him to Possess to the circumstances of those,times—they may afford him ri 'useful lesson ; he will therelearn, that a system so similar to the one attempted to be brdtiglit forward in these,days, beginning with the couiplaint of some real, but more imaginary- griev arrces, ended in a tyranny the most oppressive Which thiS country ever knew.", l'itotass S WINNERTON, Esq.' of Butterton, then rose and said, he objeteci to the Noble Lord for not havin:; opposed the Stoke Re&ory Bill, which he ough, to have done, as so many of his constituents were interested therein. He ;lien went hub a long detail of the history of that Bill, and after an able speech, concluded by opposiuz the nomination of the Noble Lord. Lord GRANVILLE LEVESON GOWER then rose and made a most eloquent and impressit e speech. He declared his entire co-operation with the present Ministers, to - whom be was bound by ties of tile stri&est private friendship, and by an anion of poli tical sentiment, but it ever it was required of him by then to support measures hostile .to his own honest Opinion, at that moment the connection would be dissolved. He had no hesitation in 55) ing, that he did vote against the several motions tending to cri "lihate the Duke of York, and this he did upon the purest and most entire convittion. He lament ed, hideed, the many scenes of indiscretion that Were brought forward, and these rendered it more difficult to separate the real merits of the case. As to his,being a pensioner, he lied to state, that he received none of die public nioney. Ho might have claimed it on account of the situation he had held, and which his predecessor had done, but he declined it. The Noble Lord concluded by thanking his numerous mends, and declaring his determination of promoting the interests of his conotituents to the utmost of his abilities. The Thanks of the Meeting were then voted to tire Sheriff, fur his upright, honourable, and imp'.4- Cul coudutt, and the Areeting was theu dis,olved. One Petierson, a korner Swedish Officer, is men tioned in the Dutch rapers, as being the person who srried intu etfea sehdrs insurrection at Stralsund. —Fie was thrown into a dungeon by the Dutch and n uses, on their taking V045e5610.t) of the place. L.ItY REPORT. • COURT Of KING'S 13p1.Cui, NLY 3. - LOvEpEN, ESQ. V. BARKER, Lisa. The Plaintiff is a Member for Abingdon, and the Defendant is the son of a Gentleman in the same county; ss Ito has 8 or to children, and is himself -a : Lay-fellow of Mertou College, Word, The Plain- . tiff is ka man of large fortune, and has married suc— cessively three wives, the last of whom, his present wife, is about 25 years of age, and he lims-lf•up wards of Go. The Defendant being anintitnate ac- . , quaintance of the bandy, had evidently engaged the affeetions of the. wireot she Plaintiff, and the present Mimi was brought to recover damages for', criminal conversation committed with her. • • Mr. GARROW opened the case on the part of the Plaintiff, and adduced evidence to shew a very fa miliar intercourse between them. Two grooms of the Plaintiff deposed as to several times when the wife of the Plaintiff and Defendant rode out loge flier. . Once they went into the nursery belonging to Mr. Henderson, in Edgeware-road, and were ob , served together in a summer-house in• close conver sation, the Defendant having his hand upon the •i Lady's shoulder. The coachman and footman also stated that in May; 1806, the. Lady had taken the Defendant up in her landaulet, the blinds she closed in Bond-street, and drove with him to Fleet-street. It was hot. weather; she had been accustomed to have the carriage open, but this day she had it closed, and when she got out she was very warm, Very,. much confused, and much tumbled as to her dress. _ Warren Hastings, under butler tp the Plaintiff, stated, that in August, taoa, he had reason to sus pelt that Mrs. Loveden had received the visits of thee' Defendant, though : she denied that he had been there, yet upon hearing ,a n'us he ran out of the house with a pistol in his hand, and late at night caught the Defendant attempting to leap over. the palings to get through a plan whin adjoining tee' house of the Plaintiff, in Bruxton, in Berkshire. — That he then expostulated with him upon the im propriety of his coining. there attei baing admoniShed against it by his father and by Mr. Cox, .son in-law to the Plaintiff. The Defendant thee took Hastings by the hand and promised never to come there again, when Hastings also promised not to. disclose the se eret, ,provided he never trespassed Upon_ his master's preinises again. Hastings returned to the house, and kept the keret with respect to all but Mrs. Love./ den, to whom he immediately communicated what had passed. On Friday, the 10th of Match, taog, the Plaintiff was at Abingdon, at a meeting of. the Local Militia, when it was suspected in the family that the Defendant's visits would he renewed. Hast ings, the filithful butler; suspected that he had heard the library window open, and that the Defendant was admitted by Mrs. Loveden: About owe o'clock, she ordered him to bring a glass of wine and water, into the library.. The Detendaht was not • there then, but he suspected that he was in the study, which was on the ,other side of the stairs. Mrs.. I . Love6eti went'rather earlier to bed that night than usual. Hastings suspecting that the Defendant would go from the study to his mistress's bed-chamber, • watched till two o'clock, in a place where he could see her aoor, but observed no one enter. then. went to bed, and the next morning went to try the door of the library. He found it was locked, abd asked Mrs. Loveden for the key. Site said she had no key, and Mr. L. always kept the, key with him. Hastings then said thtre was a fire lel t but ring, and •he must examine it, He afterwards procured a car penter to place a ladder against the. window, and to open it e and Mr. Barker W2S found in the room -with his boots on, and his great coat on his ,artn, en 'tleavouring to hide . himself behind the door.. He :was afterwards released by Mrs. L. who found a keys for the purpose. Hastings afterwards went into the room where Mrs. L."and the Defendant were; when Mrs. L. said, they (meaning the servants) had reined her. The Defendant said, .he made a great fuss about nothing; he had only come to expostulate . with Mrs. L. and h, prevent any further ceinmuni- . ' cation between them by letter. Hastings then re ' minded him of the-promise made to ham ; and told • him, it he had acted .honourably, and kept his word,' he should have kept the secret bum all the world.—y- . . The Defendant never admitted that he had had any improper intercourse with the Plaintiff's wife. The Lady's maid was also called, who spoke as to her mistress usually having her to sleep in the same bed, ,in the absence of Mr. L.; but that being at the Defendant's tether's, on a visit, and the Plain tiff not there, her mistress changed her usual custom, and she slept in an adjoining room. In the middle of the night she heard a hose, as if the holt of the door was raised, and somebody entered. The bed Was tumbled unusually, and the next night Mts. L.• desired that the door might nut be bolted. ail the morning after the i nth of March last, she examined the bed, and observed it was very much tumbled, and Mrs. Lovedas shift was as much'disordered as. if it was wrung out like wet linen. But. she ob served no ether inArks from which She could deter mine that the Deleodant had slept with Mrs. Lovedeu. One of the servants also stated, that in last su mer, op a Sunday, the lama) , weht to.Cluirch, Mrs. Loveden staid at home, and the Deleudaut met her hi the summer-house, and was with her for, sonic tittle. That he then took his horse and went away before . Mr. Loveden returned. Mrs. Loveden had' not eloped with the Defendant, but was now living with her mother. She had no children by the Plain ,: tiff. Very slight evideuce was given as to the man ner; in which they lived together, but there was no attempt by the Defendant to shew any tniscondutt by the Plaintiff. Mr. Serjeant BEST commented upon the evidence and denied the charge altogether. Lord ELLENButtoUGIi (C. J.) summed up the case, and said it was merely a question, whether the last act of dishonour had been cortunitted, for as to the familiarity of the Defeudant and the nature of his designs, there could be no doubt. The Jury retired for an hour, and returned a ver diet for the Defendant. WRIGIIT V. t‘'AjiDLE, Mr. ATTORNEY-GENERAL stated, that this was an aeiion biou;ht by an upholsterer, for goods fur nished by the order of the Defendant for Mrs. Cla'ke, a Lady for whom, in the latter end of the last year, the Defendant had. had a preference, and to whom he was then the very good friend, The • ATT'ORI3ItY-GENERAL then stated the Case, his witne:l!ses afterwards proved ; and olis-erved that,, looking at . the connection that had subststV between the Defendant and-Mrs. Clarke, it was the height of probability that the Defendant should pay for what it Nvouttl he proved he, had proMised to pay, and that the Plaintif would not have trusted Mrs. 'Clarke, she being before 5001. or 6001. in his debt. In that sense of the word, Mrs. Clarke was' not, and the Defendant .was worthy •of credit.' Th'e• Colonel," continued the ATTORNEY-GENERAL, " gratif . Orig his sight, morning, noon, and night, with this furniture, oftener than he remembers—l suppose, atlast he had no further use for .Mrs. Clarke things are so : his blood is cool, his passions are gratified, and he has forgotten. I know that men sometihies forget things that have ; happened two or three days ago, and therefore I don't wonder that theyshould forget things that have happened twoor three months. I shall prove the tact by Mrs. Clarke, the intimate friend, to whom. the Colonel,was bound by the strictest at tentions—by the brother of the Plaintiff--and by the testimony of Major. Dodd, the only other per Son who was present at the Colonel's promises, if the Defendant's Counsel chose to call him, and by his absence if they do not." What defence could be made to the present ac tion, .the learned ATTORNEY-GENERAL•WaS •at a loan to conjedure. Would the Defendant go: upon the ground of Mrs. Clarke not being worthy of credit ?. After every thing that had happened ; the Colonel could never do this, bold man as he was. Mrs. Clarke had, no interest whatever the , action ; and if the Colonel had any grace, any modwy, he could not hold that language. MTS. CLARKS was then called. .Mr. Serjeant BEST, fbr the Defendant; submitted .that she could not be a witness withonti a:release, because she was coming, bycharging.the Defendant, to discharge herself. - . • Mr. GARROW, for 'the Plaintiff, said, -that they had stated her to be the mere agent bf- the Defen dant, and that there could be no pretence for charg ing her. • — Mr. Setjeant BEST replied, that the question was,. wbet her Mrs. Clarke was the original contractor of this debt: ,The goods came into , the possession of Mrs. Clarke ; and prima facie the person who had. the benefit of the goods was liable for their pay ment. Lord ELL ENEOROUGH said, that if Mrs. Clarke I Were krima, facie liable, he should think the Plaintiff ought to release her ;.'butithe Learned ATTORNEY GENERAL'S statement had been, that the entire credit was given to a person' who had Mader her donee of these goods. . The tradesman who called her, gave her a release : could he ever charge her ,after the present action ? • • • Clarke then deposed to the following effea: I was absent from London three or four days last autumn. I took a house in Westbourne-place from September last, but did not enter uponit till No vember. The negotiation was making about that time fur the lease of it. I communicated to Colonel , Waidle that I had taken this house : it was unfur nished. I had conversation with Colonel Wardle about furnishing it 'before I-applied to Mr. When the house was first taken, I hired a few goods of Mr. Wright, to whom.' W 3.3 ind , lbte five or t;o0i. before. As I was so indebted) he refused to' aiva we further credit, bin would send me - a few things* on hire. I told him, in consequence of converse - lions with Colonel Wardle; that I had a friend in view, who would fmnish my house for. pie. I did, not tnention his name, but the person. to Whom I alluded was Colonel Wardle ; and this I did in con sequence of the promisesi had _from him. -1 was to give every information in my power to assist him in the investigation, in return for which he was to fur nish my house in part. I communicated this to Colonel Wardle immediately : I saw. him altnost every day. He asked same one first, and then said he apptoved, of tbis.communication to Mr. Wright. Iliad not any other means in the . least of making so large an expend:Jure., 1 was very much distressed AS to money-matters at that time. Colonel Wardle knew of this, because he advised Mr.*Wright- to bring an action against the person who ought to have paid the-money I owed him; and offered, if Mr. • Wright should be cast, to pay his costs himself. This Mr. Wright, as:a tradesman, was afraid to do, Colonel Wardle afterwards accompanied me to Mr. Wright's, to- assure him - of ,his (Colonel Wardle's) 'personal resposibility. Mr. Wriet : was confined to his room, and Colonel Wardle did not see him ; but I went into his room• with his wile and saw him though 116 was in bed. • Mr. Daniel Wright attend ed as Mr. Wright's brother. I said to hint, " That. is the Gentleman who is to mulish my house." Colonel Wardle heard this : he went for that .pur pose, and was silent. That was the expresspurpose for which he went. We looked over the furniture, and Mrs. Wright fetched me , out to speak to her hUsbend, 'lt was very near half an hour before I came. back to Colonel 'Wardle, .who remained chns ing some of the things ; he knew exactly the state of my house. At . the first interview he had with Mr. Wright, he ordered several things to be sent in, in return for those I had hired. When I came back to him from Mr. Wright's room, he said that (point ,iog to one) ; Was a handsome side-board, and it was coming in fOr me. They had settled it in my ah sence, and there was very little for me to say,--- Colonel Wardle has gone a great many times into. Me. Wright's shop, when we were together in, a hackney-coach, and I did not ,go in ; but he went in once or twice more with me. I had chosen a pattern of a 'carpet, with which Colonel Wardle . had found great fault, when he saw the piece in my. drawing-room. We in - consequence 'went to Mr„ Wright's, where we were • shewn some other car pets. Colonel Wardle selected one, which he liked better. Major Dodd was with us : this was the first time he was with us both. The carpet f liked s was of a light pattern , : they wished Inc to have a . scaflet and bronze one. I objeefed . that that was only fit for parlours ; my room was a drawing-rooM. , Major Dodd said, the scarlet and bronze was Turkish, and would suit Me very well ; I said that was tke very reason I did not like it. However, I got over my objefton, and said, " I did not care about it,; the carpet was' an expensive one ;.and as coicitiel 'Arardle,was going to pay for it, they should have their choice."' Colonel Wardle did not express any astonishment at this. Several things were ordered by rue and Colonel Wardle in the presence of .Major Dodd. I did not in the leaSt object to his increasing t he order. The things were finally sent in. It took twq . Or_ (brie inqi - Iths. to cprriplete the otder. The things - were - sent in in Ot.ceMbet and 3atiu ry = 'll4 thingS;were sent back _again. COlotiel :Wardle was constantly in every room in tile house, the kitchen to the garrets, and sometimes sent back pensive thingi that Mr, Wright had. sent in, whey the. Colonel .thcught they were superfluous; I re one.dav vcry large mirror coming in, v. , ben Colonel War Ole Was with me; 'he said Mr. Wright bad already sent into the room a large charidelieri; and put himself in so great a passion, that I thouglit the man who brought it would have let it ran.— Major - Dodd came in at the time, - and they consulted together about it. The Major persuaded the Colonel: to suffer the man. to lea,e'it, as it rained, and per haps the Colonel (night alter his mind. I thought it too much, and afterwards 5 , .2.nt it hack. c,,?.„Tht+ Wardle said, in the presence of Major Dodd, 'that Mr. Wright would not be so easy in - sendinc7 in things, only that heknew whb was to pay for them. There was also an expensive writing-desk, to . which Colonel Wardle objected ; he said it was nix well made ; I - did not think so, and said that soonei• than part with it, I would -pay for it out of my Own pocket. I kept it accordingly,- and the Colonel wag afterwards ashamed of himself. Some time after this, Mr. Wright expressed a wish to me for Some money on account..l communicated his Wish to Colonel Wardle. -I had then not a guinei on earth: Mr. Wright's wish vea4 'that I should •ask Wardle for sane : 5001. or cool. was ,mentiont!d: The,Colonel said he 'had it not just immediat,...ly, but would consult a friend about it. Lord ELLENBOROUGH how thought that as at)pli; cations for money had been 'ate to Mrs. Clarke; she ought to have the Plaintiff's release. . _ Mr. GARROW— , -" We have • not the leait -obje tion.r . • . The release was then 'given, and Lord ELLECI3O - asked her, now she was put in the new situa-r tion in which it placed her, whether she had any part of her evidence to qualify or alter. - Mrs.' Clarke;—" Not the least." Mr. Serjeant flEsT=—." .MrS. Clarke is a married woman,: isinst ben rolease to her husband." Mr. AI 4 T6R N E Ir-Gt vERAL-" Then there is no occasion for a release at all." Lord ELLENBottouGa—" True; this lady lives' apart from her husband, and these things can never be said to be furnished for him." • Mr. PARK (for the Defendant)—" It does not ap• pear that they are not so, my Lord." Mr. ATTORNEY-GENERAL.—" The objeEl of my Learned Friend on the other side seems to by to put me to the expence of another stamp ; but, to say c tune, I will release the husband too." Ma. GARROW.-"" We'll release every man, m. 0 ., man, and child, except Colonel Wardle." Mr: Gar rotv then proceeded in his examination of Mrs. Clarke, who continued : - • " It. was some time before Colonel Wardle was prepared, and he then biought a bill, telling tne had sent a Gentleman to satisfy Mr. Wright's mind ;h at he should have a proper bill : he named this Gentle man, Col - onel Glennie, of I he . Engineers. • Spine time after this, the biil was given. • Colonel Wardle told me he Wbuldspe.ak to a Mr. Illingworth, a wine merchant.in Pill-Mall, for at that time, it would be improper for his name to be seen. He told me that as the investigation against the Duhe of York u - vas . shortly . to 'commence, it would be improper that his name should appear in any . transatlions with me; The bill was dated on 'the 2'd of January, and Colonel Wardle's 'motion against the 'Duke was three weeks afterwards. He said he would send - Mr. Iliingworth to me : I . was to talk over the bill ,with him, which I afterwards did. I told him it was to be for two Months he said he had prevailed upon Colon 4 Wardle to add another month. - When I saw the 'Colonel afterwards, he confirmed this. To, • prevent any suspicion, or any thing getting round. to the public, Mr. Iliingworth was to take a bill of , Me, ,which 'he told me at the same time was not worth having. This was a form to keep Col.Wardle's name out ; and so Mr. Illingworth understood it. I Was acquainted with Col.Wardle before I knew Ma jor Dodd it. was at about'the end of last autumn that I was firStintroducedlO the Colonel. I first saw him at my house in. Bedford-place, in consequence of a letter from a person of the name of Macalitim, inirdduciog him to me. He Cittne at about. one o'clock in the afternoon, and lemained till n e at ly dinner-time . ; six o'clock, and he has Since.told me Mat Major Dodd was waiting for !Inn all that tint e. I was rather fearful of doing what he with a person so little known as Colonel Wardle then • was; and Major Dodd, whose name I had known • before,was introduced, to me as the Colonel's friend. • About the end of November we went on a tour toge ther, and were absent•three or four days; Col. Wardle, Colonel Glennie., Major Dodd, and I. A lad v wa,..go; ing, with me ; _but she put me:off, and .1 was pre vailed upon to go without her. I 'was at that time very much distressed for money, and was obliged to go. Colonel Wardle continued to viii foe after this very viten. I first heard of his objection to pay . for goods (tom Mr. Wright, not, above a fortnie,ht or three weeks ago, much about, the time Parliament was prorogued. 1 he things were furnished entire ly upon Colonel Wardle's credit. 11, , fore I went 00 t of town, which I did, as I h'ad too many ,frienos about Me, and the Co!ouel wished to get me out of the way, I had money from him, .501. on the very . I day before, to pay my household bills. My supplies., were always from him; be used to lend me 501. at a time; I did not understand I was ever• to rei - eay Wm." . Upon the witness's Cross-examination by Mr. Ser-. .jeant BEST, she said these things were first sent in in November, but she did not know whether in the . early or latter part. She went into the . house be fore it was furnished' at all. There were sonic: goods sent in on hire. She first knew the De fendant before November, because he came to. Bedford-place, and she did not_ go to Westhottrne " place till she bad left Bedford-place. She could not recolleft bow 'early in . November this ac ' • quaintance commenced; she went late in November' fu Westbokirne-platie. -She went immediately there, from Bedford-place ; and in a few days.sct out on her tour to the MartelloToWers. Major Dodd' s le t t er to her was dated 21st Nov. which waS•thegreinest vide toner : it was after this letter' that she went with tha Defendant to the Plaintiff's .bet before thiS of the things were sent in, those-on hire. The Defeo ! dant gave the Plaintiff orders that the witness was tc ' be, futniShed with whatever she chose.' The Defen dant once said, " Can't Wt fight assist you ? .1 an , -